Texas Constitution:Article III, Section 68: Difference between revisions

Latest revision as of 13:03, November 1, 2025

Added November 4, 2025:

(a) The legislature shall establish the Dementia Prevention and Research Institute of Texas to: (1) award grants to institutions of learning, advanced medical research facilities, public or private persons, and collaboratives in this state to provide money for: (A) research into the causes of, means of prevention of, and treatment and rehabilitation for dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (B) research, including translational research, to develop therapies, protocols, medical pharmaceuticals, or procedures for the substantial mitigation of the symptoms of dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (C) facilities, equipment, and other costs related to research on dementia, Alzheimer's disease, Parkinson's disease, and related disorders; and (D) prevention programs and strategies to mitigate the detrimental health impacts of dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (2) support institutions of learning and advanced medical research facilities and collaboratives in this state in all stages of: (A) discovering the causes of dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (B) developing therapies, protocols, medical pharmaceuticals, or procedures for the substantial mitigation of the symptoms of dementia, Alzheimer's disease, Parkinson's disease, and related disorders from laboratory research to clinical trials; and (C) developing programs to address access to advanced treatment for dementia, Alzheimer's disease, Parkinson's disease, and related disorders; and (3) establish the appropriate standards and oversight bodies to ensure the proper use of funding authorized under this section, including facilities development.

(b) The members of the governing body and any other decision-making body of the Dementia Prevention and Research Institute of Texas may serve six-year terms.

(c) The Dementia Prevention and Research Fund is established as a special fund in the state treasury outside the general revenue fund to be administered by the Dementia Prevention and Research Institute of Texas. The comptroller of public accounts shall credit to general revenue interest due to the fund.

(c-1) On January 1, 2026, the comptroller shall transfer $3 billion from this state's general revenue fund to the Dementia Prevention and Research Fund. The transfer made under this subsection is not an appropriation of state tax revenues for the purposes of Section 22, Article VIII, of this constitution. This subsection expires January 1, 2029.

(d) The Dementia Prevention and Research Fund consists of: (1) money transferred to the fund under this section; (2) money the legislature appropriates, credits, or transfers to the fund; and (3) gifts and grants, including grants from the federal government, and other donations received for the fund.

(e) Notwithstanding any other provision of this constitution, the Dementia Prevention and Research Institute of Texas, as established by general law, may use money in the Dementia Prevention and Research Fund only for the purpose of funding: (1) grants for research on dementia, Alzheimer's disease, Parkinson's disease, and related disorders, research facilities, and research opportunities in this state:(A) for the prevention, treatment, and rehabilitation of dementia, Alzheimer's disease, Parkinson's disease, and related disorders and the mitigation of the incidence of and detrimental health impacts from dementia, Alzheimer's disease, Parkinson's disease, and related disorders; and (B) to develop therapies, protocols, medical pharmaceuticals, or procedures for the substantial mitigation of the symptoms of dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (2) the purchase, construction, or renovation, subject to the institute's approval, of facilities by or on behalf of a state agency or grant recipient; and (3) the institute's operation.

(f) Not including any unspent money appropriated to the Dementia Prevention and Research Institute of Texas carried forward from the preceding state fiscal year, the legislature may appropriate not more than $300 million from the Dementia Prevention and Research Fund to the institute for a state fiscal year.

(g) Before the Dementia Prevention and Research Institute of Texas may award a grant authorized under this section, the grant recipient must have available an unexpended amount of money equal to one-half of the grant amount dedicated to the research specified in the grant proposal.

(h) The reasonable expenses of managing the assets of the Dementia Prevention and Research Fund shall be paid from the fund.

Editor Comments

....

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)

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-{{DISPLAYTITLE:Article III, Section 67 of the Texas Constitution (''<small>"Cancer Prevention and Research Institute of Texas; Bonds"</small>'')}}{{Texas Constitution|text=As amended November 5, 2019:
+{{DISPLAYTITLE:Article III, Section 68 of the Texas Constitution (''<small>"...."</small>'')}}{{Texas Constitution|text=Added November 4, 2025:
-'''(a) The Legislature shall establish the Cancer Prevention and Research Institute of Texas to: (1) make grants to provide funds to public or private persons to implement the Texas Cancer Plan, and to institutions of learning and to advanced medical research facilities and collaborations in this State for: (A) research into the causes of and cures for all forms of cancer in humans; (B) facilities for use in research into the causes of and cures for cancer; and (C) research, including translational research, to develop therapies, protocols, medical pharmaceuticals, or procedures for the cure or substantial mitigation of all types of cancer in humans; (2) support institutions of learning and advanced medical research facilities and collaborations in this State in all stages in the process of finding the causes of all types of cancer in humans and developing cures, from laboratory research to clinical trials and including programs to address the problem of access to advanced cancer treatment; and (3) establish the appropriate standards and oversight bodies to ensure the proper use of funds authorized under this provision for cancer research and facilities development.'''
+(a) The legislature shall establish the Dementia Prevention and Research Institute of Texas to: (1) award grants to institutions of learning, advanced medical research facilities, public or private persons, and collaboratives in this state to provide money for: (A) research into the causes of, means of prevention of, and treatment and rehabilitation for dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (B) research, including translational research, to develop therapies, protocols, medical pharmaceuticals, or procedures for the substantial mitigation of the symptoms of dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (C) facilities, equipment, and other costs related to research on dementia, Alzheimer's disease, Parkinson's disease, and related disorders; and (D) prevention programs and strategies to mitigate the detrimental health impacts of dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (2) support institutions of learning and advanced medical research facilities and collaboratives in this state in all stages of: (A) discovering the causes of dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (B) developing therapies, protocols, medical pharmaceuticals, or procedures for the substantial mitigation of the symptoms of dementia, Alzheimer's disease, Parkinson's disease, and related disorders from laboratory research to clinical trials; and (C) developing programs to address access to advanced treatment for dementia, Alzheimer's disease, Parkinson's disease, and related disorders; and (3) establish the appropriate standards and oversight bodies to ensure the proper use of funding authorized under this section, including facilities development.
-'''(b) The members of the governing body and any other decision-making body of the Cancer Prevention and Research Institute of Texas may serve four-year terms.'''
+(b) The members of the governing body and any other decision-making body of the Dementia Prevention and Research Institute of Texas may serve six-year terms.
-'''(c) The Legislature by general law may authorize the Texas Public Finance Authority to provide for, issue, and sell general obligation bonds of the State of Texas on behalf of the Cancer Prevention and Research Institute of Texas in an amount not to exceed $6 billion and to enter into related credit agreements. The Texas Public Finance Authority may not issue more than $300 million in bonds authorized by this subsection in a year. The bonds shall be executed in the form, on the terms, and in the denominations, bear interest, and be issued in installments as prescribed by the Texas Public Finance Authority.'''
+(c) The Dementia Prevention and Research Fund is established as a special fund in the state treasury outside the general revenue fund to be administered by the Dementia Prevention and Research Institute of Texas. The comptroller of public accounts shall credit to general revenue interest due to the fund.
-'''(d) Proceeds from the sale of the bonds shall be deposited in separate funds or accounts, as provided by general law, within the State Treasury to be used by the Cancer Prevention and Research Institute of Texas for the purposes of this section.'''
+(c-1) On January 1, 2026, the comptroller shall transfer $3 billion from this state's general revenue fund to the Dementia Prevention and Research Fund. The transfer made under this subsection is not an appropriation of state tax revenues for the purposes of Section 22, Article VIII, of this constitution. This subsection expires January 1, 2029.
-'''(e) Notwithstanding any other provision of this Constitution, the Cancer Prevention and Research Institute of Texas, which is established in state government, may use the proceeds from bonds issued under Subsection (c) of this section and federal or private grants and gifts to pay for: (1) grants for cancer research, for research facilities, and for research opportunities in this State to develop therapies, protocols, medical pharmaceuticals, or procedures for the cure or substantial mitigation of all types of cancer in humans; (2) grants for cancer prevention and control programs in this State to mitigate the incidence of all types of cancer in humans; (3) the purchase, subject to approval by the Cancer Prevention and Research Institute, of laboratory facilities by or on behalf of a state agency or grant recipient; and (4) the operation of the Cancer Prevention and Research Institute of Texas.'''
+(d) The Dementia Prevention and Research Fund consists of: (1) money transferred to the fund under this section; (2) money the legislature appropriates, credits, or transfers to the fund; and (3) gifts and grants, including grants from the federal government, and other donations received for the fund.
-'''(f) The bond proceeds may be used to pay the costs of issuing the bonds and any administrative expense related to the bonds.'''
+(e) Notwithstanding any other provision of this constitution, the Dementia Prevention and Research Institute of Texas, as established by general law, may use money in the Dementia Prevention and Research Fund only for the purpose of funding: (1) grants for research on dementia, Alzheimer's disease, Parkinson's disease, and related disorders, research facilities, and research opportunities in this state:(A) for the prevention, treatment, and rehabilitation of dementia, Alzheimer's disease, Parkinson's disease, and related disorders and the mitigation of the incidence of and detrimental health impacts from dementia, Alzheimer's disease, Parkinson's disease, and related disorders; and (B) to develop therapies, protocols, medical pharmaceuticals, or procedures for the substantial mitigation of the symptoms of dementia, Alzheimer's disease, Parkinson's disease, and related disorders; (2) the purchase, construction, or renovation, subject to the institute's approval, of facilities by or on behalf of a state agency or grant recipient; and (3) the institute's operation.
-'''(g) While any of the bonds or interest on the bonds authorized by this section is outstanding and unpaid, from the first money coming into the State Treasury in each fiscal year not otherwise appropriated by this Constitution, an amount sufficient to pay the principal of and interest on bonds that mature or become due during the fiscal year and to make payments that become due under a related credit agreement during the fiscal year is appropriated, less the amount in the sinking fund at the close of the previous fiscal year.'''
+(f) Not including any unspent money appropriated to the Dementia Prevention and Research Institute of Texas carried forward from the preceding state fiscal year, the legislature may appropriate not more than $300 million from the Dementia Prevention and Research Fund to the institute for a state fiscal year.
-'''(h) Bonds issued under this section, after approval by the Attorney General, registration by the Comptroller of Public Accounts, and delivery to the purchasers, are incontestable and are general obligations of the State of Texas under this Constitution.'''
+(g) Before the Dementia Prevention and Research Institute of Texas may award a grant authorized under this section, the grant recipient must have available an unexpended amount of money equal to one-half of the grant amount dedicated to the research specified in the grant proposal.
-'''(i) Before the Cancer Prevention and Research Institute of Texas may make a grant of any proceeds of the bonds issued under this section, the recipient of the grant must have an amount of funds equal to one-half the amount of the grant dedicated to the research that is the subject of the grant request.'''
+(h) The reasonable expenses of managing the assets of the Dementia Prevention and Research Fund shall be paid from the fund.
-'''(j) The Texas Public Finance Authority shall consider using a business whose principal place of business is located in the State to issue the bonds authorized by this section and shall include using a historically underutilized business as defined by general law.'''
 |editor=
-This section was added in 2007. It has been amended once. The 2019 amendment, approved by 64% of voters, increased the bond authorization from $3 billion to $6 billion.
+....
 |recent=
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 None.
-|seo_title=Article III, Section 67 of the Texas Constitution ("Cancer Prevention and Research Institute of Texas; Bonds")
+|seo_title=Article III, Section 68 of the Texas Constitution ("....")
-|seo_keywords=Article 3 Section 67, cancer institute, debt authorization
+|seo_keywords=Article 3 Section 68, dementia institute, debt authorization
-|seo_description=The Legislature shall establish the Cancer Prevention and Research Institute of Texas.
+|seo_description=The Legislature shall establish the ....
+|seo_published_time=2025-06-01T12:30:30Z
 |seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg
 |seo_image_alt=Article III: Legislative Department
@@ Line 41: / Line 40: @@
 }}
+[[Category:Health Care Law]]
 [[Category:TxCon ArtIII Sec]]
+[[Category:Amendments 2025]]